Illinois
Decision is a Victory for Jobs and Investment
"The
court also closed the door on the outrageous practice of whipsawing
someone - whether a big business or a solitary individual - between
government regulations and civil liability."
ALEXANDRIA,
VA - The American Conservative Union, the nation's oldest and largest
grassroots lobbying organization, today applauded the Illinois Supreme
Court's decision to throw out a class-action lawsuit brought against
Philip Morris, USA in 2003. Yesterday's 4-2 vote overturned the earlier
decision by a Madison County judge awarding $10.1 billion in punitive
damages and fees to the plaintiff class.
The State
Supreme Court ruled that Philip Morris had abided by all state and FDA
regulations relating to the products involved in the case and was therefore
protected from fraudulent lawsuits by the Illinois Consumer Fraud Act.
"The
Consumer Fraud Act provides a safe harbor from civil liability for activity
that Federal or State laws expressly permits and regulates. The tobacco
products involved in this lawsuit clearly fall in that category. The
Illinois Supreme Court held that the plain language of the Illinois
statute means exactly what it says. That is a victory for common sense,"
noted ACU Board member and Chicago attorney, Joseph A. Morris.
"The
court also closed the door on the outrageous practice of whipsawing
someone - whether a big business or a solitary individual - between
government regulations and civil liability. This decision is an unmistakable
slap in the face to the Madison County lawsuit mill. That is a victory
for fairness and for prospects of investment, jobs and economic progress
for the people of Illinois," said ACU Chairman David Keene.
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For more information or to arrange an interview, contact Molly Ford
at (703) 836-8602 x16 or by e-mail at mford@conservative.org